The Board has remanded the issues of higher initial ratings for left knee strain, right knee degenerative arthritis, residuals of a right ankle injury, and bilateral pes planus. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 28, 2017 is also remanded due to its inextricably intertwined nature with the above issues.
The deciding factor: The TDIU claim is being remanded as it is inextricably intertwined with the increased rating claims for left knee strain, right knee degenerative arthritis, residuals of a right ankle injury, and bilateral pes planus.
- Claimed conditions
- left knee strain, right knee degenerative arthritis, residuals of a right ankle injury, bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128262
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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